Cases: Homeowner Associations

SLAPP Two-Fer: Fees Go POOF! Because No Amended Complaint On File And HOA Director Stung With Fees After Losing SLAPP Appeal

Cases: Homeowner Associations, Cases: SLAPP

Second District, Division 7 Issues Two Unpublished Opinions on SLAPP.      In our category “SLAPP,” we have explored cases where defendants have been victorious in winning mandatory attorney’s fees awards after prevailing in anti-SLAPP motions. The statutory basis for such fee entitlement is Code of Civil Procedure section 425.16(c). Division 7 of the Second District […]

Homeowner Associations: Third District Reverses Fee Award Under Civil Code Section 1354, But Remands For Recalculation Based On Corporations Code Section 317

Cases: Homeowner Associations

  Third District Gives Mixed Blessing to Fee Victor.      What happens when a fee award is not sustainable on one ground but correct on another? Answer: a remand, with directions to recalculate the award under the proper fee entitlement statute. The next case—Klamath River Development Co. v. Preston, Case Nos. C054002 & C055369 (3d

Homeowner Associations: Homeowners Can Obtain Access to Attorney Invoices Sent to Homeowner Associations

Cases: Homeowner Associations

  Recent Los Angeles Time Article Explores the Subject.      Does a homeowner in a common interest residential subdivision project have the right to review attorney invoices for services rendered to a homeowners association? You betcha. Smith v. Laguna Sur Village Community Assn., 79 Cal.App.4th 641 (2000) so held.      For a nice, short article

SLAPP Awards: HOA President And Attorney Suffer Adverse Fee Award When Losing Anti-SLAPP Motion Brought By Adjoining Golf Course Manager

Cases: Homeowner Associations, Cases: SLAPP

Los Angeles Superior Court Judge Does Require Better Fee Allocation through a Separate Motion.      One of the nice things about blogging is that we do get interactive input from a variety of individuals. Bill Leys, The Deck Expert, who has a blog at Waterproofdeckcoatingadvice.com, liked one of our recent HOA blogs and, in turn,

HOA Fee Award: Homeowner Assessed With Fees, And Appellate Court Chastises Litigant For Not Using Small Claims Court Alternative

Cases: Homeowner Associations

Fourth District, Division 1 Expresses Displeasure That Inexpensive Forum Was Not Pursued.      In our category “Cases: Homeowner Associations,” we have discussed cases where HOAs or homeowners prevailed (or neither side prevailed) in disputes involving proper interpretation of CC&Rs—usually involving maintenance, repair, or view protection disputes. Attorney’s fees are usually the ultimate battle, because they

Homeowner Associations: “No Prevailing Party” Determination Means No Fee Award For Either Side In Mold Insurance Proceeds Dispute

Cases: Homeowner Associations, Cases: Prevailing Party

Ruling Affirmed Where Homeowner Spent Fees of At Least $35,088.50 and HOA Spent At Least $92,335.25.      In our category “Cases: Homeowner Associations,” we have examined numerous contests between homeowners and homeowner associations (HOA) in common interest developments where attorney’s fees are often the real battle because most CC&Rs and Civil Code section 1354 allow

Homeowner Association Disputes: If You Want To Collect Fees From Winning, Make Sure Your Opponent Is A Legal Entity!

Cases: Homeowner Associations

Fees Properly Declined To Victorious Defendant Where One Suing Plaintiff Was Not A Legal Entity And The Other Plaintiff Was Not Sued Individually–First District, Division 5 Affirms Refusal To Award Fees in a Unique Case.      In our category “Cases: Homeowner Associations,” we previously have canvassed decisions awarding attorney’s fees to either HOAs or homeowners

HOA Fee Award: No Error Where No Evidence Submitted To Backup Argument That Claimed Fees Were Unreasonable

Cases: Homeowner Associations, Cases: Substantiation of Reasonableness of Fees

Fourth District, Division Three Finds the Lack of Evidence to be Dispositive.      If you are going to challenge a fee claim as being unreasonable or excessive in nature, you need to be prepared to present evidence to back up these arguments. The failure to do so will likely lead to affirmance of a fee

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